Higher Judicial Service Model Objective Question Paper [ 1st Set]

1. Objection as to place of suing shall be allowed in the Court of first instance is the essence of—
(A) Section-21 A of C.P.C.
(B) Section-20 of C.P.C.
(C) Section-22 of C.P.C.
(D) Section-21 of C.P.C.
Ans:-D

2. What type of officer is a SHO?
(A) A General Officer
(B) Officer incharge
(C) Deputy Chief Officer
(D) None of the above
Ans:-B

3. Which of the following statements is incorrect regarding history-sheets?
(A) History-sheet of class ‘B’ is for a period of three years and it need not be starred
(B) History-sheet of class ‘A’ for an active member of a gang of dacoits must be starred
(C) No history-sheet should be opened for persons with no permanent residence
(D) No history-sheet is required to be opened for a person detained under Section 109 of the Code of Criminal Procedure
Ans:-A

4. Which chapter of constitution deals with Subordinate Courts?
(A) Chapter 5
(B) Chapter 6
(C) Chapter 7
(D) Chapter 14 A
Ans:-B

5. Section-18 of the Civil Procedure Code provides for—
(A) Place of institution of suit in respect of immovable property where the property is situated in the jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of one court
(B) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
(C) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
(D) All the above
Ans:-C

6. Under which explanation of Section-11 of Civil Procedure Code Constructive Resjudicata has been explained?
(A) Explanation-I
(B) Explanation-II
(C) Explanation-III
(D) Explanation-IV
Ans:-D

7. Section-115 of the Civil Procedure Code provides for the following—
(A) Reference
(B) Review
(C) Revision
(D) Appeal to the Supreme Court
Ans:-C

8. Which of the following combinations are not correctly matched?
1. Execution of decree —Sec. 77, C.P.C.
2. Letter of request —Sec. 82, C.P.C..
3. Legal representative —Sec. 50, C.P.C.
4. Institution of suit —Sec. 28, C.P.C.
Select the correct answer using the codes given below—
Codes:
(A) 1,2 and 3
(B) 1,2 and 4
(C) 1,3 and 4
(D) 2,3 and 4
Ans:-B

9. ‘Decree holder’ means any person in whose favour a decree has been passed or an order cap4ble of execution has been made. This definition of the term ‘decree holder’ is mentioned under—
(A) Section-2(2), C.P.C.
(B) Section-2(3), C.P.C.
(C) Section-2(4), C.P.C.
(D) Section-2(d), C.P.C.
Ans:-B

10. “A barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.”
This illustration is based on which Section of the Indian EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 Act?
(A) Section- 149
(C) Section- 147
(B) Section -153
(D) Section -145
Ans:-A

11. Legitimacy of child born during valid marriage is presumed under which Provision of the Indian Evidence Act?
(A) Section-l 15
(B) Section-114
(C) Section-112
(D) Section-113
Ans:-C

12. Which of the following is not correctly matched?
(A) Matrimonial communication —Section- 122
(B) Official communication —Section- 124
(C) Professional communication—Section- 126
(D) Confi1ential communication with legal advisers —Section 127
Ans:-D

13.‘Rejection of Plaint’ is mentioned under—
(A) Order VII Rule 11
(B) Order VI Rule 13
(C) Order VII Rule 12
(D) Order VIII Rule 4
Ans:-A

14. Order XXIII of the Civil Procedure Code applies to the following—
(A) Withdrawal of suits
(B) Appeals
(C) Execution proceeding
(D) All the above
Ans:-A

15. A decree may be executed by—
(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the Court which. passed it or to which it is sent
Ans:-D

16. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be—
(A) Primary evidence
(B) Secondary evidence
(C) Documentary evidence
(D) Oral evidence
Ans:-D

17. The Principle of Promissory Estoppel found its root—
(A) As an exception to the doctrine of consideration in the law of contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act.
(B) As a rule of future consideration in the law of contract
(C) As a rule of past consideration in the law of contract
(D) None of the above
Ans:-A

18.In which one of the following cases, the Supreme Court held that confession of co accused are very weak evidence and no conviction can be based solely on such confession?
(A) Nathu Vs. State of U.P.
(B) Ram Prakash Vs. State of Punjab
(C) Kashmira Singh Vs. State of M.P.
(D) None of the above
Ans:-C

19. “The burden of proof in a suit or proceeding lies on that person who would fail if no
evidence at all was given on either side.”
This provision is contained in which Section of the Indian Evidence Act?
(A) Section- 101
(B) Section- 111
(C) Section- 102
(D) Section- 113
Ans:-C

20. The principle that possession is prime facie proof of ownership is provided under—
(A) Section- 109 of the Evidence Act
(B) Section- 111 of the Evidence Act
(C) Section- 110 of the Evidence Act
(D) Section- 112 of the Evidence Act
Ans:-C

21. Which of the following does not find a mention as showing state of mind under Section-14 of the Evidence Act, 1872?
(A) Ill will
(B) Motive
(C) Good Faith
(D) Negligence
Ans:-B

22. Provisions have been made under certain Sections of the Indian Evidence Act regarding relevancy of certain facts. Match the entries of List-I and List-Il below and write the correct answer using the codes—
List-I (Facts)
(a) OpinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of Handwriting Expert
(b) State of relevant fact by person who is dead or cannot be found
(c) Previous good character in criminal cases
(d) Oral admissions as to contents of documents
List-II(Sections)
1. 22
2. 47
3. 32
4. 53
Codes:
(a)(b)(c)(d)
(A) 2 3 4 1
(B) 3 1 2 4
(C) 1 2 4 3
(D) 4 1 3 2
Ans:-A

23. Palvinder Kaur Vs. State of Punjab relates to which of the following?
(A) Confession
(B) Dying declaration
(C) Entries in the books of account
(D) Relevancy of judgements
Ans:-A

24. Which Section of the Indian Evidence Act, 1872 deals only with civil matters?
(A) Section-23
(B) Section-27.
(C) Section-53
(D) Section- 133
Ans:-A

25. Which one of the following is the correct statement ? “Full faith and credit” clause of the Constitution does not apply to—
(A) Public acts
(B) Public records
(C) Acts of corporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies.
(D) Judicial proceedings
Ans:-C

26. Match List-I with List-II and select the correct answer using the codes given below the lists.—
List-I
(a) IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more that is Bharat is a Union of States
(b) Liberty of Thought, Expression and Worship
(c) Freedom of Speech and Expression
(d) Protection of Interest of minorities

List-II
1. Preamble
2. Right to Freedom
3. Union and its Territory
4. Cultural and Educational Rights
Codes:
(a)(b)(c)(d)

(A) 1 2 3 4
(B) 2 1 3 4
(C) 3 1 2 4
(D) 4 3 2 1
Ans:-C

27. A fact is said to be ‘not proved’—
(A) When it is disproved
(B) When, after considering the matters before it, the court believes that it does not exist
(C) When a prudent man considers that the fact does net exist
(D) When it is neither proved nor disproved
Ans:-D

28. Which one of the following cases is on second appeal ?
(A) Madan Lal Vs. Bal Krishna
(B) Sudhir G. Angur Vs. M. Sanjeev
(C) Sheodan Singh Vs. Daryao Kunwar
(D) Harshad Chiman Lal Modi Vs. D.L.F. Universal Ltd.
Ans:-A

29. Dasti summonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties. for service on the defendant can be given to the plaintiff under—
(A) Order V Rule 9A, C.P.C.
(B) Order V Rule 9, C.P.C.
(C) Order IV Rule 7, C.P.C.
(D) Order VI Rule 6, C.P.C.
Ans:A-